A 16-year-old Miamisburg High School student with no criminal record prior to a friend’s fatal shooting last month will stay in custody pending evidence processing, a judge ruled Friday.
The youth has been charged with tampering with evidence in the deadly shooting of Calob Brooks, 19, July 17 on North Riverview Avenue in Miamisburg.
Prosecutors said they need more time to assess evidence to see if more charges are warranted.
The defense attorney wants his client set free. But Montgomery County Juvenile Court Judge Anthony Capizzi said the defendant’s release could create problems.
Capizzi told the accused teen setting him free would be “a risk to the community….and a risk to you.”
Capizzi and residents of Riverview have described the accused teen and Brooks as good friends. Miamisburg police have said they are not sure who fired the gun or whether the shooting was an accident.
Assistant Prosecutor Ann Gramza said more time is needed for “additional testing information from the Miami Valley Regional Crime Lab and completion of other parts” of the investigation.
Capizzi indicated DNA test results are not yet complete.
Attorney Ted Valley said his client should be set free and be monitored by wearing an ankle bracelet until his next court date Aug. 28.
But Capizzi said there are too many unanswered questions about how Brooks died. The 2018 Miamisburg High School grad was wounded about 11 a.m. that morning while he and the defendant were outside on Riverview Avenue.
“A young man lost his life and I want to find out how and why,” he said. “The family of the victim needs to know that there are people trying to determine what happened.
“At this point I think it’s justified to take the additional time and do the appropriate investigation,” Capizzi said.
Brooks was the second teen to die in a Miamisburg shooting since December. Three men are charged with murder in the Dec. 30 homicide of Noah Kinser, who was killed during a late-night home invasion on North First Street.
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